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HomeMy WebLinkAboutPZ Res2025-014 Replat of 204 206 Lowell CourtSponsored by: Applicant Public Hearing: April 8, 2025 CITY OF SEWARD, ALASKA PLANNING AND ZONING COMMISSION RESOLUTION 2025-014 A RESOLUTION OF THE PLANNING AND ZONING COMMISSION OF THE CITY OF SEWARD, ALASKA, RECOMMENDING SEWARD CITY COUNCIL AND KENAI PENINSULA BOROUGH APPROVAL OF THE PRELIMINARY PLAT OF THE PROPERTIES LOCATED AT 204 LOWELL CANYON ROAD AND 206 LOWELL COURT, VACATING THE EASTERN PORTION OF THE LOWELL COURT RIGHT-OF-WAY AND THE SOUTHERN 10' OF THE PROPERTY LOCATED AT 204 LOWELL CANYON ROAD WHEREAS, AK Lands, Land Surveying LLC has submitted a preliminary plat on behalf of the City of Seward for review and recommendation to the Seward City Council and Kenai Peninsula Borough; and WHEREAS, the proposed plat is a subdivision of Lot 10 and Lot 6, Marathon Addition to Seward Townsite, creating Lot 10A and Lot 6A, Marathon Addition to Seward Townsite, City Replat; and WHEREAS, Lot 10 is currently developed with a single-family dwelling and zoned single- family residential (R1), and Lot 6 is vacant and zoned urban residential (UR); and WHEREAS, the proposed plat vacates a portion of the Lowell Court right-of-way in between the two lots as well as the southern 10' of Lot 6; WHEREAS, during the 2023 update of the Municipal Lands Inventory and Management Plan, the Seward Planning and Zoning Commission recommended this platting action so that the city -owned property (Lot 6) could be listed as surplus land and sold with an RFP for residential housing; and WHEREAS, the size of proposed Lots 10A and 6A meet the required minimum lot size and lot width for the single-family residential and urban residential zoning districts; and WHEREAS, according to the Kenai Peninsula Borough Floodplain map, Lot 10A and Lot 6A are not within a FEMA mapped flood zone; and WHEREAS, the southern half of Lot 6A is within the Seward Mapped Flood Data Area (SMFD); and WHEREAS, construction within the southern half of Lot 6A may require additional permitting; and WHEREAS, both Lot 10A and 6A have access to city water, sewer, and electricity; and CITY OF SEWARD, ALASKA RESOLUTION 2025-014 WHEREAS, a subdivision agreement will not be required with this plat; and WHEREAS, Kenai Peninsula Borough Code §20.65.060 requires the vacated street ROW to be split equally and attached to the lots bordering the vacation; and WHEREAS, all conditions required by Seward City Code § 16.01.015, Conditions to plat approval, were met; the property owners within 300 feet of the requested replat were notified of the proposed subdivision, and the property was posted with public notice signage; and WHEREAS, any preliminary plat of city -owned property must be approved by the Seward City Council; and WHEREAS, it is the Planning and Zoning Commission's responsibility to act in an advisory capacity to the Seward City Council and the Kenai Peninsula Borough regarding subdivision plat proposals within the City of Seward. NOW, THEREFORE, BE IT RESOLVED by the Seward Planning and Zoning Commission, that: Section 1. The Commission hereby recommends that in accordance with Seward City Code Section 16.01.015B, the Seward City Council and Kenai Peninsula Borough approve the submittal of the preliminary plat of Marathon Addition to Seward Townsite, Lots 10 and 6; Located at 204 Lowell Canyon Road and 206 Lowell Court; Creating Lots 10A and 6A, Marathon Addition to Seward Townsite, City Replat Section 2. This resolution shall take effect immediately upon adoption. PASSED AND APPROVED by the Seward Planning and Zoning Commission this 8th day of April, 2025. AYES: NOES: ABSENT: ABSTAIN: ATTEST: THE CITY OF SEWARD, ALASKA Coi4 -2 Carol Griswol , Chair Pemberton, Hubbard, Charbonneau, Sullivan, Griswold None Verhey, Hornseth None Kris Peck - City Clerk (City Seal) s_s".Z of sEiv'''•- '4 • ,0117644-N. -.. tt r • SEAL •= 1 1 Planning and Zoning Agenda Statement Meeting Date: April 8, 2025 To: Planning and Zoning Commission Through: Daniel Meuninck, Community Development Director From: Applicant Agenda Item: Resolution 2025-014, of the Planning and Zoning Commission of the City of Seward, Alaska, recommending Seward City Council and Kenai Peninsula Borough Approval of the Preliminary Plat of 204 Lowell Canyon Road and 206 Lowell Court, vacating the eastern portion of the Lowell Court right-of-way and vacating the southern 10' of the property located at 204 Lowell Canyon Road Background and justification: Attached for the Commission's review and recommendation to the Seward City Council and Kenai Peninsula Borough Planning Commission is a preliminary plat submitted by AK Lands, Land Surveying LLC on behalf of the City of Seward. The proposed plat is a subdivision of Lot 10 and Lot 6, Marathon Addition to Seward Townsite, creating Lot 10A and Lot 6A, Marathon Addition to Seward Townsite, City Replat. During the 2023 update of the Municipal Lands Inventory and Management Plan, the Commission recommended that the 50' right-of-way between 204 Lowell Canyon Road and 206 Lowell Court be vacated and that the southern 10' of 204 Lowell Canyon Road be vacated to create a minimum 50' right-of-way for Lowell Canyon Road. This would allow the city to list 204 Lowell Canyon Road as surplus land and sell with an RFP for residential housing. This preliminary plat is the first step in fulfilling that recommendation. Seward City Code § 16.01.015(A) states that "No preliminary or final plat for the subdivision or resubdivision of land located within the city limits shall be approved by the city unless all of the required improvements set forth in section 16.05.010 are provided for by the subdivider, owner, proprietor or developer in the manner described in sections 16.05.015." Both properties have access to city water, sewer, and electrical lines, and 206 Lowell Court has already been developed. The parcel located at 204 Lowell Canyon Road is still vacant. Both properties will have access to Lowell Canyon Road via Lowell Court. Thus, a subdivision agreement will not be required with this plat. Kenai Peninsula Borough Code §20.65.060 requires the vacated street ROW to be split equally and attached to the lots bordering the vacation. All conditions required by Seward City Code § 16.01.015(C), Conditions to plat approval, were met. The property owners within 300 feet of the requested preliminary plat were notified of the proposed subdivision, and the property was posted with public notice signage. 25 In accordance with City and Borough requirements, the Seward City Council and Planning and Zoning Commission must review and comment on a preliminary plat of city -owned land before submittal to the Borough for approval. Subdivision Review: Zoninj: Lot 10A is zoned single-family residential (R1) and Lot 6A is zoned urban residential (UR). Size: Lot 10A will be 11,644 square feet and Lot 6A will be 7,432 square feet. Utilities: Both Tracts of land have access to city water, sewer, and electricity. Existing Use: Lot 10A is currently being used for a single-family dwelling. Lot 6A is vacant. Access: Lot 10A and Lot 6A have access to Lowell Court, which connects to Lowell Canyon Road. Lot 6A has direct access to Lowell Canyon Road. Flood Zone: Neither of the parcels are located within a FEMA mapped flood zone, however, the southern portion of 204 Lowell Canyon Road is located within a Seward Mapped Flood Data Area (SMFDA). Any development within this area may require additional permitting. Comprehensive and Strategic Plan Consistency Information This legislation is consistent with (citation listed): Comprehensive Vol 1, Chapter 2.2.11 Plan: • "Promote infill development by encouraging and promoting construction on vacant sites in areas of the city which are already established." Strategic Plan: N/A Staff Comments Department Comments No Comment N/A Building Department X Fire Department X Public Works Department X Harbor Department X Police Department X Electric Department X Telecommunications X 26 Property owners within three hundred (300) feet of the proposed platting action were notified of this public hearing. Public notice signs were posted on the property and all other public hearing requirements of Seward City Code § 15.01.040 were complied with. At the time of this publication the Community Development Department has received no public inquiries. If any correspondence is received after publication of this agenda statement, it will be submitted to the Commissioners for their review. Recommendation The Commission is required to provide a recommendation to City Council and the Kenai Peninsula Borough Commission if they feel it has met the requirements in Seward City Code Title 15 and 16. [SCC 16.01.015 B] 27 Context Map HOSPITAL 100 feet Preliminary Plat Application Property Map RES 2025-014 - Vacating a portion of Lowell Court ROW and vacating 10 ft on the south side of the property located at 204 Lowell Canyon Road Location: 204 Lowell Canyon Road Parcel #: 14801003 30 Community Development/ Planning & Zoning 410 Adams Street, Seward, Alaska 99664 •(907) 224-4049 • (907) 224-4020 or email: planning©cityofseward.net PRELIMINARY PLAT SUBMITTAL FORM ['PRELIMINARY PLAT 111 REVISED PRELIMINARY PLAT (no fee required) IIIPHASED PRELIMINARY PLATO PRELIMINARY PLAT FOR PRIVATE STREETS / GATED SUBDIVISION All requirements of Seward Code Title 16 apply and must be met. SUBDIVISION PLAT NAME: must not include business names, contact staff for assistance if needed. 11Vlarathon Addition To Seward Townsite City Replat PROPERTY INFORMATION: legal description Lot 10 and Lot 6, Marathon Addition to Seward Townsite, Plat No. 19 Section, Township, Range Section 9, T1S, R1W, SM General area description Lowell Canyon Road near Mount Marathon hike City Seward Total Acreage 0.438 SURVEYOR company: AK Lands Land Surveying Contact Person: Stacy Wessel Mailing Address: PO Box 110485 City, State, Zip Anchorage, AK 99511 Phone: (907) 744-LAND e-mail: stacy@aklands.com PROPOSED WASTEWATER AND WATER SUPPLY WASTEWATER[ on siteCity WATERQon site ElCity SUBMITTAL REQUIREMENTS .a preliminary plat application will be scheduled for the next available Planning and Zoning meeting after a complete application has been received. ['Electronic file of Plat and ['Preliminary plat NON-REFUNDABLE submittal fee $200.00- ['Certificate to plat for ALL parcels included in the subdivision ['Documentation showing proof of signatory authority (partnerships, corporations, estates, trusts, etc.) ▪ Public Notice Sign(s) Posted on property - City staff will contact you to pick up sign EXCEPTIONS REQUESTED TO PLATTING CODE: A letter, to be presented to the Planning and Zoning commission, with substantial evidence justifying the requested exception and fully stating the grounds for the exception request, and the facts relied upon, MUST be attached to this submittal. 1. 2. KPB 20.30.120 (Al ) APPLICANT: SIGNATURES OF ALL LEGAL PROPERTY OWNERS ARE REQUIRED. Additional signature sheets can be attached. When signing on behalf of another individual, estate, corporation, LLC, partnership, etc., documentation is required to show authority of the individual(s) signing. Contact KPB staff for clarification if needed. OWNER(s) 3. / Name (printed): Stacy Wessel Signature:(4 N Phone: (907) 744-LAND e-mail: stacy 'aklands.com Name (printed): Signature: Phone: e-mail: Name (printed): Signature: Phone: e-mail: FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED 31 Receipt # The preliminary plat shall be drawn to scale of sufficient size to be clearly legible and shall clearly show the following: 1. Within the title block: Not applicable to my plat. The required information has been shown/noted. a. Name of the subdivision which shall not be the same as an existing city, town, tract, or subdivision of land in the borough, of which a plat has been previously recorded, or so nearly the same as to mislead the public or cause confusion; ! J b. Legal description, location, date, and total area in acres of the proposed subdivision; and c. Name and address of owner(s), as shown on the KPB records and the certificate to plat, and registered land surveyor; 2. North point; / v 3. The location, width and name of existing or platted streets and public ways, railroad rights -of -way, and other important features such as section lines or political subdivisions or municipal corporation boundaries abutting the subdivision; 4. A vicinity map, drawn to scale showing location of proposed subdivision, north arrow if different from plat orientation, township and range, section lines, roads, political boundaries, and prominent natural and manmade features, such as shorelines or streams; 5. All parcels of land including those intended for private ownership and those to be dedicated for public use or reserved in the deeds for the use of all property owners in the proposed subdivision, together with the purposes, conditions, or limitations of reservations that could affect the subdivision; v 6. The names and widths of public streets and alleys and easements, existing and proposed, within the subdivision; 7. Status of adjacent lands, including names of subdivisions, lot lines, block numbers, lot numbers, rights -of -way; or an indication that the adjacent land is not subdivided; 8. Approximate locations of areas subject to inundation, flooding, or storm water overflow, the line of ordinary high water, wetlands when adjacent to lakes or non -tidal streams, and the appropriate study which identifies a floodplain, if applicable; 9. Approximate locations of areas subject to tidal inundation and the mean high water line; 10. Block and lot numbering approximate dimensions and total numbers of proposed lots; 11. The approximate location of known existing municipal wastewater and water mains, and other utilities within the subdivision and immediately abutting thereto 12. Contours at suitable intervals when any roads are to be dedicated unless the planning director or commission finds evidence that road grades will not exceed 6 percent on arterial streets, and 10 percent on other streets; N/A 13. Approximate locations of slopes over 20 percent in grade and if contours are shown, the areas of the contours that exceed 20 percent grade shall be clearly labeled as such; NIA 14. Apparent encroachments, with a statement indicating how the encroachments will be resolved prior to final plat approval N/A Subdivision Name: 32 Date AK LANDS — fond Surveying — October 18, 2024 Vince Piagentini Kenai Peninsula Borough 144 N. Binkley St. Soldotna, AK 99669 PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com Subject: Marathon Addition to Seward Townsite City Replat — Letter of Authorization Mr. Piagentini, -P c...L3,Ncj, is the owner, or authorized agent of Lot 6, Marathon Addition to Seward Townsite, Plat No. 19 and authorize AK Lands, Land Surveying LLC to represent us before the City of Seward and Kenai Peninsula Borough for all requests related to the platting action, right of way vacation, right of way dedication and KPB exception request and its related activities. lca / L1ZY City of Seward Date 1 of 1 33 (('ANDS �Lond Surveying — October 18, 2024 Vince Piagentini Kenai Peninsula Borough 144 N. Binkley St. Soldotna, AK 99669 PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com Subject: Marathon Addition to Seward Townsite City Replat — Letter of Authorization Mr. Piagentini, I, Kevin Finch , is the owner of Lot 10, Marathon Addition to Seward Townsite, Plat No. 19 and authorize AK Lands, Land Surveying LLC to represent us before the City of Seward and Kenai Peninsula Borough for all requests related to the platting action, right of way vacation, right of way dedication and KPB exception request and its related activities. Kevin Finch, Owner Date 1 of 1 34 ((kAN LANDS — Lond Surveying — April 8, 2025 City of Seward Planning Commission 410 Adams St. Seward, AK 99664 Subject: Preliminary Plat -Marathon Addition to Seward Townsite Dear Commission Members of the City of Seward, PO Box 110485 Anchorage, AK 99515 (907) 744-LAND aklands@aklands.com http://aklands.com AK Lands, Land Surveying is requesting approval to subdivide Lot 10 and Lot 6, Marathon Addition to Seward Townsite, Plat No. 19, located at 206 Lowell Ct. and 204 Lowell Canyon Road, respectively. These lots are zoned for single-family residential and urban district use, respectively, and border single-family residential, urban residential, and Resource Management zoning. We are seeking to vacate right-of-way and request an exception to KPB code 20.30.120. Request for Right -of -Way Vacation We are seeking to vacate the 50-foot right-of-way between Lot 10 and Lot 6. This right-of-way, Lowell Ct., was originally platted in 1952. Since then, several subdivision plats have vacated portions of this right-of-way. Notably: • In 1979: Plat 79-8 vacated the middle section of the right-of-way. Please refer to the attached plat for details. • In 1997: The remaining section of Lowell Ct. right-of-way, from First Avenue to the original right- of-way vacation, was vacated, leaving only a small 80-foot-long portion near the cul-de-sac. See attached plat. Our current proposal includes: • Lot 10A: Will absorb half of the vacated Lowell Ct. right-of-way, approximately 25 feet by 80 feet. Lot 10A will continue to have access via the existing cul-de-sac on Lowell Ct. • Lot 6A: Will absorb the remaining half of the vacated Lowell Ct. right-of-way, approximately 25 feet by 80 feet. Lot 6A will have access via Lowell Canyon Road, a fee simple thoroughfare leading to a dead-end. Responses to Required Criteria for KPB 20.65.050(D) 1. Is the right-of-way or public easement to be vacated currently in use? o Answer: The right-of-way in question is not actively used, nor developed and terminates at the rear of an existing apartment building. 2. Is a road impossible or impractical to construct, and has alternative access been provided? o Answer: No actual road exists within the right-of-way. Lot 10 access is per Lowell Ct. and Lot 6 access is either per Lowell Ct. or Lowell Canyon Rd. Page 1 of 3 3. Is the surrounding area fully developed, with all planned or needed rights -of -way and utilities constructed? o Answer: Yes, although the surrounding area is not fully developed (Lot 6A is vacant with the intent to develop), all planned or needed rights -of -ways and utilities are constructed. 4. Does the vacation of this public right-of-way affect access to a lake, river, or other public area of interest? If so, is equal or superior access provided elsewhere? o Answer: The right-of-way does not provide access to any waterbody or significant public feature. 5. Would the proposed vacation limit opportunities for interconnectivity with adjacent parcels (whether developed or undeveloped)? o Answer: No. Vacating this unused right-of-way will not hinder current or future connectivity, as adjacent parcels are adequately served by existing roads and corridors. 6. Is there any other feasible public access (beyond general road use) for this right-of-way? o Answer: None. Because it does not function as a path, trail, or other form of public access, vacating the right-of-way will not adversely affect the public. 7. Are all existing and future utility requirements met? o Answer: There are no utilities within the Right Of Way Vacation. There are other utility easements to be dedicated or to remain in place to accommodate overhead power lines and other utilities. 8. Are there any other relevant factors concerning the vacation application or the area proposed to be vacated? o Encroachment Resolution for Proposed Lot 10A: Vacating the right-of-way eliminates an existing shed encroachment on the northern lot, improving compliance with property boundaries. o Further Development for Proposed Lot 6A: By vacating the Lowel Ct. right-of-way and dedicating 1,331 sq. ft. of right-of-way along Lowell Canyon Rd., a 7,432 sq. ft. proposed Lot 6A is created. This accommodates the overhead power line and utilities in a dedicated easement along the south, and providing ample room for single-family or duplex construction. Request for Exception to KPB Code 20.30.120 - Streets: Width Requirements We request an exception to the KPB code that requires a minimum right-of-way width of 60 feet. We propose dedicating only 10 feet of additional right-of-way for the following reasons: 1. Minimal Traffic: Lowell Canyon Road is a dead-end, primarily leading to a hiking trail entrance. 2. Existing Infrastructure: The road already has sufficient infrastructure, including utilities and drainage, making further right-of-way dedication unnecessary. 3. Redundancy: The road serves only a small housing development and terminates at city property. Additional right-of-way dedication offers no substantial benefit. We believe these points meet the criteria for granting an exception: • Special Circumstances Affecting the Property: The unique location and existing infrastructure of Lot 6 make the standard 60-foot right-of-way impractical. Page 2 of 3 • Necessary for Preservation of Substantial Property Rights: Granting the exception allows the property owner to effectively use and enjoy their land without unnecessary encumbrance. • No Detriment to Public Welfare or Adjacent Properties: The reduced right-of-way width will not negatively impact traffic flow, safety, or the character of the neighborhood. Conclusion Vacating this right-of-way and granting the requested exception will align with existing development patterns, resolve unnecessary encroachments, and preserve property value. We believe this proposal is in the best interest of both the community and the City of Seward. For any questions or additional information, please feel free to contact me by phone or email. Sincerely, 3-'-e-Ct a)ed•d41 AK Lands, Land Surveying, LLC by Stacy Wessel Page 3 of 3 0 G`'C LOT9 S6 OHP • O 1L 2, • LOT 10 MARATHON ADDITION TO SEWARD TOWNSITE PLAT NO. 19 9647 SQ.FT ± 0.221 ACRES 0 0 40fr L O M oc, O Qj � J ti, PROPOSED LOT 10A J 11,644 SQ.FT±'0 0.267 ACRES` 00, i 4 414 f S82°17'225"1N 37.18' 4111 LOT 6 MARATHON ADDITION TO SEWARD TOWNSITE PLAT NO. 19 6,766 SQ.FT ± 0.155 ACRES LEGEND (R) RECORD PER PLAT 19 8 ELECTRIC METER o FUEL VALVE/FILL -0- POWER POLE O TELE. PEDISTAL X WATER VALVE OHP GRAVEL RIGHT OF WAY DEDICATION RIGHT OF WAY VACATION OVERHEAD POWER LINE S UNDERGROUND SEWER LINE (GIS) W W UNDERGROUND WATER LINE (GIS) VACATE LOT LINES 0' EDGE OF PAVEMENT N 20' LOT 4A MARATHON eao. ADDITION TO `ram SEWARD TOWNSITE, PART 2 PLAT NO. 79-8 as s 0 - PROPOSED LOT 6A 7,432 SQ.FT ± 0.171 ACRES an. TURNAROUND ESMT TO BE DEDICATED BY DOCUMENT S87°05 42"W 71.98' _ UTILITY ESMT TO BE DEDICATED BY PLAT [URBAN RESIDENTIAL] OHP • .,, N89°57 30' W 129.59' 1,331RIGHT-OF-WAY DEDICATION1E 1,331 SQ.FT. 0.031 ACRES N89°57'30"W 132.90'(R) LOWELL CANYON ROAD EXHIBIT PROJECT NO. 1410 DATE OF FIELD SURVEY MAR 14-15, 2024 DATE April 2, 2025 PLAT NO. 82-439 FIELD BK. AND PG. 08/52-55 0 0 NOTES 1. THE PURPOSE OF THIS EXHIBIT IS TO SHOW THE VACATION OF THE LOWELL STREET RIGHT OF WAY AND A 10-FOOT DEDICATION OF THE LOWELL CANYON ROAD RIGHT OF WAY. 38 4 yl F � 5 3111.13AY 15JU KM File No. 96-214 — — — T ( IIs.X•14�Lnru� I (I. F'iSl o,,'SCt C 6'1f 1 I I I -`r II� I _� �}of \_ I =1<. a" ate .glI-'t I I i I it z.y1 as xa t I y `�Fli 4Y >aaa — 1 ![ l'.— —* — .. f" I 0l $ I' i::� I 1 `r,'^ s yJ 1 f a� h \ 1 s "& $ L , I 99'161 OPx A. ov : ry°s. .\ � @ �,I ti\ r[ rn 3.izIfo.00x ,os 6 + 4e \ i,-,09E gT 11 `nX \, �, ii I 1 - WYy1.i0" [ py a g( r V_ �iB, 1:: " b.` , - 2' I ,� — \ i : I,, f Il3# 'E,1 J I '`T.l ac p.}-�i�i i1 c"' ,\V% 40 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax PETITION TO VACATE PLATTED RIGHT OF WAY / PLATTED PUBLIC EASEMENT / PLATTED PUBLIC AREA PUBLIC HEARING REQUIRED Upon receipt of complete application with fees and all required attachments, a public hearing before the Planning Commission will be scheduled. The petition with all required information and attachments must be in the Planning Department at least 30 days prior to the preferred hearing date. By State Statute and Borough Code, the public hearing must be scheduled within 60 days of receipt of complete application. Initially, a sketch may be included with the vacation petition for review by the Planning Commission. After the Planning Commission takes action on the vacation, a Subdivision Plat must be prepared by a licensed land surveyor. The plat will be processed in accordance with KPB 20.10.080. Platting authority is vested in the Planning Director. SUBMITTAL REQUIREMENTS A platted right of way vacation (ROWV) application will be scheduled for the next available planning commission meeting after a complete application has been received. - $500 non-refundable fee to help defray costs of advertising public hearing. Plat fees will be in addition to the vacation fees. Ir J City Advisory Planning Commission. Copy of minutes at which this item was acted on, along with a copy of City Staff Report. 7Lowell Street platted public right of way proposed to be vacated was dedicated by the plat of MARATHON ADDITION TO SEWARD TOWNSITE Subdivision, filed as Plat No. 19 in the Seward Recording District. - 3 copies of the plat or map showing the platted right of way to be vacated. Must not exceed 11 x 17 inches in size. Area to be vacated must be clearly depicted. Proposed alternative public access to be shown and labeled on the sketch. - REASON FOR VACATING The petitioner must attach a statement with reasonable justification for the vacation of the platted right of way / platted easement / platted public area. Has the platted right of way been fully or partially constructed? Yes Z No Is the platted right of way used by vehicles / pedestrians / other? Yes ✓ No Is alternative right-of-way being provided? Yes I No Are there utility easements associated with the right of way to be vacated? J Yes No Is the platted right of way and or associated utility easement in use by any utility company? ✓ Yes No If so, which utility provider? Public Works -Water LEGAL DESCRIPTION ADJOINING LAND: Lot, Block, Subd. or street address LOT 10 AND LOT 6 MARATHON ADDITION TO SEWARD TOWNSITE FILED UNDER PLAT NO. 19 Section, township, range Section 9, T1S, R1W City (if applicable) Seward General area Mount Marathon The petition must be signed by owners of a majority of the land affected by the platted right of way proposed to be vacated. Each petitioner must include address and legal description of his/her property. Attach additional signature sheets if needed. Submitted by: Land Owner Name (printed): City Seward /'�� tofy e-mail: cbringhurst@cityofseward.net Address: Address: p L/10 r Illa.rn U �7 t Owner of: Lot 10 Land Owner: Name (printed): KEVIN FINCH Signature 7.1.-- e-mail: Address:206 Lowell Ct. �1.� Owner of: Lot 10 FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED KPB FILE # 41 VACATION OF PLATTED RIGHT OF WAY / PLATTED PUBLIC EASEMENT / PLATTED PUBLIC AREA 20.65.010. Authority; Legislative intent; Scope. This chapter is enacted under the authority of AS 29.40. A vacation decision is a discretionary legislative land use decision. The purpose of this chapter is to establish procedures for the vacation of a platted public right-of-way, public area, or other public easement dedicated on a borough approved plat, and to provide procedures for the alteration, including removal, of platted utility easements. This chapter does not apply to easements or property owned or held by a city or the borough in their proprietary capacity which may only be extinguished through the terms of the controlling document or applicable law. This chapter does not apply to private easements. 20.65.030. Vacation Criteria. Vacation of a platted public right-of-way, access, area or other easement granted for public use or public benefit must conform to the requirements of this chapter and AS 29.40.120 through AS 29.40.160 as now enacted or as amended. 20.65.040. Vacation Application. An informal pre -application conference by appointment with borough staff prior to the submittal of the application for vacation of a public right-of-way is encouraged. The application shall include the following items. A. A petition, provided by the borough planning department, signed by: 1. The owners of the majority of the land abutting the area being vacated; or 2. An official representative of the state, the borough, an affected utility, or a city when the area to be vacated is within the city. B. A sketch that depicts the area to be vacated, a preliminary vacation plat, or a copy of the existing plat showing the proposed alteration or replat. The format and number of copies of the sketch submittal shall be determined by the planning director; C. Written recommendations, comments, or meeting minutes from the planning and zoning commission of the affected city, if the area to be vacated is within a city. The sketch or submittal provided to an affected city must be the same submittal that is provided to the borough. D. The appropriate fee; and E. Applicant statement containing the reasons in support of the vacation. 20.65.050. Action on vacation application. A. Staff shall review the application and supporting materials for compliance. If the application is incomplete, staff will return it to the applicant with a written list of deficiencies to be satisfied for acceptance. B. After acceptance of the application, staff will: 1. Send notice of the proposed vacation and the public hearing in accordance with KPB 20.10.100. 2. Prepare a staff report that evaluates the merits of the proposed vacation. Revisions to the application submitted subsequent to the preparation of the staff report and after notice is sent will not be considered at the scheduled public hearing. Any such revisions will be treated as a revised application under this chapter. C. An accepted application shall be placed on the agenda of a regularly scheduled planning commission meeting. The public hearing on the vacation may not be more than 60 days after acceptance of the application, unless the applicant requests postponement. D. The planning commission shall consider the merits of each vacation request. A platted dedication to public use of land or interest in land may be vacated if the dedication is no longer necessary for present or future public use and in all cases the planning commission shall deem the area being vacated to be of value to the public. In evaluating the merits of the proposed vacation, the planning commission shall consider whether 1. The right-of-way or public easement to be vacated is being used; 2. A road is impossible or impractical to construct, and alternative access has been provided; 3. The surrounding area is fully developed and all planned or needed rights -of -way and utilities are constructed; 4. The vacation of a public right-of-way provides access to a lake, river, or other area with public interest or value, and if so, whether equal or superior access is provided; 5. The proposed vacation would limit opportunities for interconnectivity with adjacent parcels, whether developed or undeveloped; 6. Other public access, other than general road use, exist or are feasible for the right- of-way; 7. All existing and future utility requirements are met. Rights -of -way which are utilized by a utility, or which logically would be required by a utility, shall not be vacated, unless it can be demonstrated that equal or superior access is or will be available. Where an easement would satisfactorily serve the utility interests, and no other public need for the right-of-way exists, the commission may approve the vacation and require that a utility easement be granted in place of the right-of-way. 8. Any other factors that are relevant to the vacation application or the area proposed to be vacated. E. The planning commission may impose such conditions as it deems necessary to ensure compliance with the requirements and purpose of this title. 42 F. The borough will consider realignment of a right-of-way by vacation and rededication where the planning commission finds that the right-of-way realignment will enhance access and the realigned right-of-way is located to provide reasonable means of ingress and egress. G. Where the planning commission finds that a right-of-way must be preserved, but determines there is excessive width for all intended uses within the right-of-way, the commission may approve a partial vacation of a right-of-way such that the width is reduced to the maximum necessary for the intended use. Such vacation shall conform to this title for the class of right- of-way involved except where the right-of-way is not intended to be used for vehicular purposes. H. A planning commission decision to approve a vacation is not effective without the consent of the city council, if the vacated area to be vacated is within a city, or by the assembly in all other cases. The council or assembly shall have 30 days from the date of the planning commission approval to either consent to or veto the vacation. Notice of veto of the vacation shall be immediately given to the planning commission. Failure to act on the vacation within 30 days shall be considered to be consent to the vacation. This provision does not apply to alterations of utility easements under KPB 20.65.070 which do not require the consent of the assembly or city council unless city code specifically provides otherwise. Upon approval of the vacation request by the planning commission and no veto by the city council or assembly, where applicable, the applicant shall have a surveyor prepare and submit a plat including the entire area approved for vacation in conformance with KPB 20.10.080. Only the area approved for vacation by the assembly or council may be included on the plat. The final plat must be recorded within one year of the vacation consent. J. A planning commission decision denying a vacation application is final. No reapplication or petition concerning the same vacation may be filed within one calendar year of the date of the final denial action except in the case where new evidence or circumstances exist that were not available or present when the original petition was filed. K. An appeal of the planning commission, city council or assembly vacation action under this chapter must be filed in the superior court in accordance with the Alaska Rules of Appellate Procedure. 20.65.060. Title to vacated area. A. The title to the street or other public area vacated on a plat attaches to the lot or land bordering the area in equal proportions, except that if the area was originally dedicated by different persons, original boundary lines shall be adhered to so that the street area that lies on one side of the boundary line shall attach to the abutting property on that side, and the street area that lies on the other side of the boundary line shall attach to the property on that side. The portion of a vacated street that lies inside the limits of a platted addition attaches to the lots of the platted addition bordering on the area. if a public square is vacated, the title to it vests in a city if it lies inside the city, and in the borough if it lies inside the borough but outside all cities. If the property vacated is a lot, title vests in the rightful owner. B. If the municipality acquired the street or other public area vacated for legal consideration or by express dedication to the municipality other than as a subdivision platting requirement, before the final act of vacation the fair market value of the street or public area shall be deposited with the platting authority to be paid to the municipality on final vacation. C. Other provisions of this subsection notwithstanding, the planning commission may determine that a portion of the area proposed to be vacated should be reserved and if so, title to the area vacated and held for another public easement purpose remains in the borough or city, as applicable. 43 Planning Department 144 N. Binkley Street, Soldotna, Alaska 99669 • (907) 714-2200 • (907) 714-2378 Fax EXCEPTION REQUEST APPLICATION NAME OF PRELIMINARY PLAT OR PLANNING COMMISSION ITEM: Marathon Addition to Seward Townsite City Replat PROPERTY INFORMATION: legal description: Lot 6, Marathon Addition to Seward Townsite, Plat No. 19 General area location: Lowell Canyon Road near Mount Marathon hike 20.50.010. - EXCEPTIONS TO REGULATIONS —PROCEDURE —COMMISSION AUTHORITY. A. Unless prohibited under this title, the commission may authorize exceptions to any of the requirements set forth in this title. Application for an exception shall present the commission with substantial evidence, justifying the requested waiver or exception stating fully the grounds for the application and the facts relied upon. The commission shall make findings of fact meeting the following standards before granting any exception: 1. That special circumstances or conditions affecting the property have been shown by application; 2. That the exception is necessary for the preservation and enjoyment of a substantial property right and is the most practical manner of complying with the intent of this title; 3. That the granting of the exception will not be detrimental to the public welfare or injurious to other property in the area in which said property is situated. B. Where a design requirement of this title is addressed by a zoning regulation adopted by the borough assembly or city council, the variance procedures of the applicable zoning code shall be utilized in lieu of the exception procedures. C. All exceptions must be requested and granted at the time of preliminary plat approval. Exceptions may not be requested with a final plat submittal. D. Upon reconsideration of a plat committee decision following the procedure in KPB 20.25.120, an appeal of a decision of the planning commission made under this section shall be taken to the SUBMITTAL REQUIREMENTS Identify the exceptions requested including the section identifier of KPB code. Provide evidence justifying the requested exceptions that fully states the grounds for the exception request, and the facts relied upon. A letter can be attached to this application. See attached Letter. Exception requested for KPB 20.30.120 (A1) FOR OFFICE USE ONLY RECEIVED BY DATE SUBMITTED KPB FILE # 44 CITY OF SEWARD, ALASKA AFFIDAVIT OF MAILING PUBLIC HEARING NOTICE �I ,. Q._I"6-47'r 2;1'\.,r- , upon oath, deposes and states: That she is employed in the Community Development Office of the City of Seward, Alaska; and that on \A co- i• , 70 2075- she mailed a Notice of Public Hearing to the real property owners within a 300-foot periphery of Seward Townsite, Marathon Addition, Lot 6; Located at 204 Lowell Canyon Road as prescribed by Seward City Code 15.01.040/16.01.015. Affirmed and signed this '2 O day of ' po.ic k 2025. AFFIDAVIT OF POSTING PUBLIC HEARING NOTICE I, CI A_ rzk_ vim , hereby certify that I have posted a Notice of Public Hearing, as prescribed by Seward City Code 15.01.040 for the property located at Seward Townsite, Marathon Addition, Lot 6; Located at 204 Lowell Canyon Road, the owners of which have petitioned for a Public Hearing to replat the above named property, vacating a portion of the Lowell Court ROW and vacating 10' of the southern edge of the property creating Lot 10A and Lot 6A, Marathon Addition to Seward Townsite, City Replat. The notice was posted on MCoxch Z)-1, 2.07S , which is 5 days prior to the public hearing on this petition. I acknowledge this Notice must be posted in plain sight, maintained and displayed until all public hearings have been completed. Affirmed and signed this Zday of Nil CO r , 2025. Signature 46